symphon2_symphon, Inc. Terms and Conditions of Use Please read these terms and conditions carefully before using this site. By using this Web site, you signify your agreement to these terms. If you do not agree to these terms, please do not use this Web site. We reserve the right, at our discretion, to change, modify, add, or remove portions of these terms at any time. Please check these terms periodically for changes. Your continued use of this Web site following the posting of changes to these terms constitutes your acceptance of those changes. 1. Trademark Notice symphon2_symphon, Inc. products, programs, and services referenced throughout this site are federally registered trademarks of symphon2_symphon, Inc. in the United States of America. 2. Copyright Notice Copyright 2003 by symphon2_symphon, Inc. 4865 Olde Towne Parkway Suite 225 Marietta, GA 30068, U.S.A. All Rights Reserved. Some materials delivered from this Web site may contain other proprietary notices and copyright information relating to those materials. symphon2_symphon, Inc. and/or its contributors own all photographs, information, materials and other content contained on this Web site. This Web site contains original works of authorship that are the proprietary property of symphon2_symphon, Inc. and/or its contributors, and which are protected under U.S. and international copyright laws. It is prohibited to copy, reproduce, modify, display, republish, upload, post, transmit, distribute, alter, prepare any derivative works of, or otherwise use any material from this Web site, including without limitation code, software, photographs, and images, without the prior express written consent of symphon2_symphon, Inc. 3. Links As a general practice, symphon2_symphon, Inc. does not object to links made to its site from other sites. However, there are certain terms and conditions that should be followed. A link to a symphon2_symphon, Inc. Web site is permissible using the plain text www.symphon2_symphonworld.com or the plain text name of symphon2_symphon, Inc.. Unless symphon2_symphon, Inc. enters into a specific written agreement with the party wishing to link, use of any of symphon2_symphon, Inc. names, logos, designs, images, photographs, slogans, product trademarks, or service marks in or with the party's links is not permissible excluding official affiliates and link partners. 4. Information Warranty Disclaimer All materials and related graphics provided by this Web site and any other materials that are referenced by or linked to this Web site are provided "as is" without warranty of any kind, either express or implied. To the maximum extent permitted by law, symphon2_symphon, Inc. hereby disclaims all warranties and conditions with regard to any materials provided by this Web site or any other materials that are referenced by or linked to this Web site, including but not limited to all implied warranties and conditions of merchantability, fitness for a particular purpose, and non infringement. symphon2_symphon, Inc. makes no representations about the suitability of the information delivered from this Web site or any other materials that are referenced by or linked to this Web site for any purpose. symphon2_symphon, Inc. does not warrant the accuracy, quality, reliability, content, or legality of any materials provided by this Web site or any other materials that are referenced by or linked to this Web site. symphon2_symphon, Inc. assumes no responsibility for errors or omissions in the materials provided by this Web site or any other materials that are referenced by or linked to this Web site. symphon2_symphon, Inc. does not warrant that the functional aspects of this Web site will be error free or uninterrupted, that defects will be corrected, or that this Web site or the server that makes it available are free of viruses or other harmful components. 5. Limitation of Liability In no event, including but not limited to negligence, shall symphon2_symphon, Inc. be liable under any theory of tort, contract, strict liability, or other legal or equitable theory for any special, indirect, incidental, consequential, exemplary, or punitive damages, or for damages of any kind arising out of or in connection with the use or performance of information contained in any materials provided by this Web site or in any other materials that are referenced by or linked to this Web site, even if symphon2_symphon, Inc. or an authorized representative of symphon2_symphon, Inc. has advised the user of the possibility of damages. In no event shall the cumulative liability to any party for any damages, losses, or causes of action, whether in contract, tort, or otherwise, arising out of or related to this Web site or to these terms, exceed the amount paid, if any, for accessing this Web site. 6. Content Posted by Third Parties Any party who posts information to the symphon2_symphon, Inc. Web site and symphon2_symphon, Inc. listserv agrees not to post any material that is bigoted, hateful, racially offensive, libelous, defamatory, obscene, pornographic, threatening, abusive, illegal, a violation of any copyright or trademark rights, invasive of privacy rights, or a violation of the rights of any party, and further agrees not to represent himself or herself as someone else. symphon2_symphon, Inc. does not permit any commercial postings, advertising or soliciting, posting of viruses, or off-theme postings. symphon2_symphon, Inc. is under no obligation to monitor the information residing on or transmitted to this Web site; however, any party who posts information to this Web site agrees that symphon2_symphon, Inc. may take appropriate action in order to prevent the violation of the rights of symphon2_symphon, Inc. or of other parties, in order to comply with any law, regulation, or other governmental request, or in order to operate this Web site properly or to protect itself or others. symphon2_symphon, Inc. reserves the right to modify, reject, or eliminate any information residing on or transmitted to this Web site that, in its sole discretion, it believes is unacceptable or in violation of these terms and conditions. Any party who posts information to this Web site remains solely responsible for the content of their postings. The use, distribution, or publication of any materials posted by third parties does not constitute or imply an endorsement of those materials or of any opinions or comments in those materials. symphon2_symphon, Inc. disclaims all responsibility for any bigoted, hateful, racially offensive, libelous, defamatory, obscene, pornographic, threatening, abusive, illegal, or copyright or trademark infringing material, or material that is invasive of privacy rights or a violation of the rights of any party, posted to this Web site or listserv by any third party. Any party who posts information to any part of this Web site or listserv represents that it is the sole owner of all rights in materials posted by it (including all related copyrights) or that it has the absolute right to license their use as provided in this section. symphon2_symphon, Inc. shall have no duty to attribute authorship of the posting to the posting party. symphon2_symphon, Inc. shall not be obligated to enforce any form of attribution by third parties. By submitting messages, information and material to any public area of this site or its associated listserv, you are granting symphon2_symphon, Inc. a perpetual royalty-free license to reproduce, edit, modify, publish, transmit and display, transmit, create derivative works from, distribute or perform it in whole or in part, or incorporate it in any form, medium, or technology now known or later developed. symphon2_symphon, Inc. may sublicense all of its rights and licenses or assign them to third parties. 7. Submissions The long-standing policy of symphon2_symphon, Inc. does not allow it to accept or consider creative ideas, suggestions, or materials other than those specifically requested. It is the intent of this policy to avoid the possibility of future misunderstandings when projects developed by symphon2_symphon, Inc.'s professional staff might seem to others to be similar to their own creative work. symphon2_symphon, Inc. requests that parties not submit any unsolicited original materials such as stories or ideas, screenplays, or original artwork, or any other creative ideas, suggestions, or materials (unless specifically requested by symphon2_symphon, Inc.). If, at the request of symphon2_symphon, Inc., a party sends certain specific submissions or, despite the request of symphon2_symphon, Inc., a party sends any creative ideas, suggestions, or materials, including, but not limited to, notes, drawings, concepts, comments, questions or answers, techniques, know-how, or other information, these submissions are, and will be treated as, non confidential and nonproprietary. symphon2_symphon, Inc. will not be liable for any use or disclosure of any submissions. Neither symphon2_symphon, Inc. nor any third party using the submission in accordance with this section will be obligated to pay the posting party any royalties or other compensation for use of the submission. symphon2_symphon, Inc. shall have no duty to attribute authorship of the submission to the submitting party. symphon2_symphon, Inc. shall not be obligated to enforce any form of attribution by third parties. 8. Indemnification Any party who has an account with symphon2_symphon, Inc. is entirely responsible for maintaining the confidentiality of their password and account and for all activities that occur under their account. symphon2_symphon, Inc. will not be responsible for any damages suffered by any party as a result of any instructions received from the party's e-mail account using the party's password. Any party who uses this Web site hereby indemnifies, defends, and holds symphon2_symphon, Inc. and its affiliates, officers, directors, agents, information providers, licensors, and licensees harmless from and against any and all claims, actions, liabilities, losses, damages, costs, or expenses (including reasonable attorneys fees), whether direct or indirect, by contract, in tort, by operation of law, or otherwise, incurred by or asserted or awarded against symphon2_symphon, Inc. or its affiliates, officers, directors, agents, information providers, licensors, and licensees in connection with any claim arising out of any breach by any party of these terms and conditions or claims arising from the account of any party, including, but not limited to, the use of the party's e-mail account and password by any individual. All parties shall use their best efforts to cooperate with symphon2_symphon, Inc. in the defense of any claim. symphon2_symphon, Inc. reserves the right, at symphon2_symphon, Inc.'s own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by any party. 9. Miscellaneous If any part of these terms is held to be unenforceable, the unenforceable part shall be construed in accordance with applicable law to the greatest extent possible and the remainder of the provisions shall remain in full force and effect. The failure of symphon2_symphon, Inc. to exercise or enforce any right or provision contained herein shall not constitute a waiver of that right or provision. 10. General Notice symphon2_symphon, Inc. may give notice by means of a general notice on any symphon2_symphon, Inc. Web site, electronic mail to a party's e-mail address on our records, or by written communication sent by first class mail to a party's address on symphon2_symphon, Inc.'s records. 11. Severability The provisions of these Terms of Use are intended to
be severable. If for any reason any provision of these Terms of Use shall
be held invalid or unenforceable in whole or in part in any jurisdiction,
such provision shall, as to such jurisdiction, be ineffective to the extent
of such invalidity or unenforceability without in any manner affecting
the validity or enforceability thereof in any other jurisdiction or the
remaining provisions hereof in any jurisdiction. If you have questions regarding this policy, please search this site's help section or contact us. You can also use this address to bring any concerns you might have to our attention. Due to the evolving technologies on the Internet, we may update this policy. All revisions will be posted to this site. |